Cutrone v. American General Life Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed with costs. Memorandum: We agree with defendant that the alleged misconduct of its agent in completing the application of the insured for reinstatement of his life insurance policy does not defeat defendant’s right to rescind the policy. Because the policy contains a clear and unambiguous limitation on the authority of the agent to bind coverage or to modify or waive any provision in the policy, defendant is not estopped from asserting its right to disclaim coverage based on material misrepresentations in the application (see, Axelroad v Metropolitan Life Ins. Co.,…
2Cases cited10 opinions
- William Iselin & Co. v. LandauNew York Court of Appeals · 1988
- Leamy v. Berkshire Life InsuranceNew York Court of Appeals · 1976
- Wittner v. IDS InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Axelroad v. Metropolitan Life InsuranceNew York Court of Appeals · 1935
- Aguilar v. United States Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- First Financial Insurance Company, Plaintiff-Counter v. Allstate Interior Demolition Corp., Defendant-Cross Defendant-Counter Claimant-Appellant, Hrh Construction Interiors, Inc., Defendant-Cross Claimant-Counter Claimant-Appellant, the Plaza Hotel Plaza Operating Partners, Ltd Fairmont Hotel Management, L.P. And New Plaza Associates, L.L.C.Court of Appeals for the First Circuit · 1999
- Carpinone v. Mutual of Omaha InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- First Financial Insurance v. Allstate Interior Demolition Corp.Court of Appeals for the Second Circuit · 1999
- Boyd v. Allstate Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- Campese v. National Grange Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
10 more not listed; retrieve them via the Exa API.